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HomeMy WebLinkAboutReso 1988-13744 Revised 8/18)88 RESOLUTION NO. 13744 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A VARIANCE ZAV-88-19 FOR EXCESS LOT COVERAGE AT 165 MURRAY STREET UPON CONDITIONS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, J. Anthony Raso is the owner of the property located at 165 Murray Street and Mr. Raso has applied for a variance from the Chula Vista Municipal Code provision allowing lot coverage in the amount of 40% only, in order to retain a lot coverage calculated at 46.2% at said residence, and WHEREAS, on July 27, 1988, the Chula Vista Planning Commission denied the application for the variance by a vote of 5-0, and WHEREAS, the matter was set for public hearing upon Mr. Raso's appeal to the City Council on August 9, 1988, and WHEREAS, said hearing was continued to the meeting of August 16, 1988, and WHEREAS, the City Council has been presented with evidence by both the proponent and opponents in support of and against the granting of said variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds as follows: 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. The property could be made to comply with the 40% lot coverage requirement but this would not reduce the bulk of the dwelling or substantially benefit the neighborhood. The granting of this variance as conditioned, on the other hand, will reduce the nuisance factor and increase privacy and quiet as well as safety in the vicinity by means of restricting the use of the third level and deck and removing all third level window openings. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The granting of this variance will help insure for neighboring properties the preservation and enjoyment of substantial property rights possessed by other properties in the same zone and vicinity. The lot coverage excess has already been reduced from 61% to 46.2%. the substantial property rights of other properties would be minimally improved by the additional reduction in lot coverage compared to full compliance with all the conditions. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest. The granting of this variance will be of substantial benefit to adjacent properties and consistent with the purposes of this chapter and the public interest in that the conditions of approval will allow the neighbors to more fully enjoy the rear and side yard portions of their property and be comfortable in utilizing their outdoor space. 4. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The granting of this variance is consistent with the goals and objectives of the General Plan as they relate to the visual quality and livability of single-family neighborhoods. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby grant the variance application of J. Anthony Raso for the continuation of lot coverage in the amount of 46.2%, in excess of the 40% allowable lot coverage upon the following conditions: 1. The roof be lowered to a maximum of 28 feet. 2. The third level on the subject property, including any open deck on the third level, shall not be used for any purpose except that the portions of the third level enclosed under roof may be used for storage purposes only. -2- 3. All access to the third level rear deck shall be prohibited for all purposes except emergency, such as fire. 4. All access to the third level storage area shall be prohibited for living purposes. Nothing herein is intended to restrict such access for storage, maintenance, repairs or during an emergency such as fire. 5. All glazed openings which permit natural light and ventilation into the space on the third level shall be removed and the walls on the third level from which glazing has been removed shall be resurfaced on the interior with dry wall and on the exterior with wood siding compatible with the existing color and texture of the exterior plaster, except that, for aesthetic reasons, the two dormer style windows facing Murray Street may remain provided interior partitions are constructed and finished with dry wall to prevent any light or ventillation from entering the third level storage area from said dormer windows. Access to the third level shall be limited to a pull down ladder or similar apparatus through a standard crawl space. 6. Adequate landscape buffer be installed on the back portion of the house, subject to the approval of the City's Landscape Architect. 7. That the owner indemnify, defend, and save harmless the City, its officers, and employees from any and all claims, damages or liability arising out of the granting of this variance, and that the owner undertake the defense of any action challenging the granting of this variance, as the real party in interest. 8. That the Declaration of Restrictions attached to the application for the variance be executed by Mr. Raso and recorded in the office of the San Diego County Recorder within two weeks of the date this conditional variance is granted. 9. The roof configuration be a pitched roof, not a flat roof, and the plans for the design of the roof be submitted for design review by staff (rather than the Design Review Committee). 10. The owner shall submit necessary plans to the Department of Building and Housing within thirty (30) days of the granting of this variance, and owner shall begin construction within fifteen (15) days of approval of said plans by City staff. All work necessary to comply with the conditions herein shall be completed within one hundred eighty (180) days of the initiation of construction. If any of the actions specified herein are not completed by the date specified, this variance automatically, -3- without further action by the City Council, shall become null and void, and the City Attorney is hereby directed in that event to commence appropriate enforcement action. Presented by Approved as to form by G rge KIrem~l, ector of D. Richard Rudolf, tan~ Planning City Attorney 4523a -4- / ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LrfULA VISTA, CALIFORNIA, this 16th day Of August 19 88 , by the following vote, to-wit: AYES: C0uncilmembers Moore, McCandliss, Nader, Malcolm, Cox NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counc i 1 members None ~the City of Chula Vista ATTEST ~'/ City Clerl~ ~ ~ .ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) f, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13744 ,ond thot the some hos not been omendedor repeoled DATED City Clerk cc-s6o